RULING
1. The Applicant filed the Notice of Motion dated 11th June 2026, brought under Order 32 Rule 15 and Order 51 Rule 1 of the Civil Procedure Rules, sections 1A, 1B and 3A of the Civil Procedure Act and all other enabling provisions of the law.
2. The Applicant seeks orders that:
a. Salome Mwamu Nyamanga, hereinafter referred to as “the Subject”, be subjected to an inquiry to determine whether, by reason of senile dementia, she is incapable of adequately protecting and managing her personal, legal and financial affairs;
b. Upon such inquiry, the Subject be declared mentally infirm and incapable of managing her affairs; and
c. The Applicant be appointed the legal guardian of the Subject, with authority to operate and manage her bank account, manage her immovable properties, collect rent, pay medical and household expenses, make arrangements concerning her medical care, institute or defend legal proceedings and execute documents on her behalf.
3. The application is supported by the Applicant’s affidavit sworn on 11th June 2026. The Applicant states that the Subject is her biological mother and is approximately 81 years old.
4. It is deponed that the Subject has progressively developed memory loss, confusion and cognitive decline associated with advanced age. The Applicant states that the Subject was examined at Kericho County Referral Hospital and diagnosed with senile dementia.
5. The Applicant further states that the Subject operates an account at ABSA Bank, Kericho Branch, and owns properties described as L.R. No. 631/236, Title No. I.R. 29782, and L.R. Plot No. 66 SSS III B, from which rental income is derived.
6. According to the Applicant, she has been responsible for the Subject’s care, welfare and maintenance and has assisted her in attending to her daily and medical needs. She contends that the appointment sought is necessary to safeguard the Subject’s welfare and estate.
7. The medical report annexed to the supporting affidavit was prepared at Kericho County Referral Hospital. It records impairment in the Subject’s memory, judgment, reasoning and insight and concludes that she suffers from senile dementia and is not fit to make sound judgments and decisions.
Issues for determination
8. The issues arising for determination are:
a. Whether the material presently before the Court is sufficient for the Court to make a finding regarding the Subject’s mental capacity; and
b. Whether the Applicant may, at this stage, be appointed guardian ad litem and manager of the Subject’s estate.
Applicable law
9. Order 32 Rule 15 of the Civil Procedure Rules extends the provisions relating to minors to persons adjudged to be of unsound mind and to persons who, although not formally adjudged to be of unsound mind, are found by the Court upon inquiry to be incapable of protecting their interests when suing or being sued.
10.A guardian ad litem is ordinarily appointed to protect the interests of a person in specific legal proceedings. The powers sought in the present application extend beyond representation in litigation and include the general administration and management of the Subject’s property and financial affairs.
11.The appropriate statutory framework for the management and administration of the estate of an adult with mental illness is therefore Part XII of the Mental Health Act.
12.Section 26 of the Mental Health Act provides that an application for the management and administration of the estate of a person with mental illness may be made, in order of priority, by a supporter appointed by the person or, where no supporter has been appointed, by the person’s representative. An adult child is included within the statutory definition of a representative.
13.The affidavit supporting such an application must disclose the grounds upon which the application is made, full particulars of the property and relatives of the Subject, and the relevant admission or treatment particulars. Notice of the application must be served upon the Subject unless the Court, for sufficient reason, waives service.
14.Under sections 27 and 28 of the Act, the Court may appoint a manager to safeguard the Subject’s estate and define the manager’s powers. A manager may not sell, charge, gift, exchange or otherwise transfer immovable property, grant a lease exceeding five years or make restricted investments without prior approval of the Court. Section 29 requires the manager to deliver an inventory of the estate to the Court and the Public Trustee within six months of appointment.
15.The Mental Health Act also emphasises preservation of the freedom, dignity, legal capacity and rights of persons with mental illness. Any intervention must consequently be necessary, proportionate and founded on sufficient objective evidence.
16.The fact that the application does not expressly cite sections 26 to 29 of the Mental Health Act would not, by itself, defeat it. Order 51 Rule 10(2) of the Civil Procedure Rules provides that an application shall not be defeated on a technicality or want of form that does not affect its substance.
Analysis and determination
17.I have considered the application, the supporting affidavit, the medical report and the material placed before the Court. The medical report from Kericho County Referral Hospital indicates that the Subject suffers from senile dementia and has impaired memory, judgment, reasoning and insight. The Applicant also states that the Subject experiences progressive memory loss, confusion and cognitive decline and is no longer capable of independently managing her personal, legal and financial affairs.
18.During the proceedings, I had an informal interaction with the Subject. In the course of that interaction, I observed that she was notably forgetful and experienced difficulty recalling matters relating to herself and her affairs.
19.The Court’s observations during that interaction are not, by themselves, a substitute for a professional medical assessment. They nevertheless afforded the Court a direct opportunity to assess the Subject’s ability to understand, recall and deal with matters affecting her welfare and estate.
20.My observations were consistent with, and corroborated, the findings contained in the medical report. I am therefore satisfied that the inquiry contemplated under Order 32 Rule 15 of the Civil Procedure Rules has been sufficiently undertaken and that, by reason of mental infirmity, the Subject is incapable of adequately protecting her interests and managing her personal, legal and financial affairs. Order 32 Rule 15 permits the Court, upon inquiry, to extend protective arrangements to a person who, by reason of mental infirmity, is incapable of protecting their interests. (
21.I have also considered the suitability of the Applicant. She is the Subject’s daughter and has deponed that she has been responsible for the Subject’s care, welfare, maintenance and medical needs. There is no material before the Court suggesting that she is unsuitable to undertake that responsibility or that her interests are adverse to those of the Subject. However it is my considered view that the estate of the subject and her interest will be well taken care of if two guardians are appointed
22.The Subject owns assets which require protection and proper management. These include a bank account at ABSA Bank and the properties described as L.R. No. 631/236, Title No. I.R. 29782, and L.R. Plot No. 66 SSS III B, from which she derives rental income. The Applicant seeks authority to manage those assets and apply the income generated from them towards the Subject’s medical care, maintenance and general welfare.
23.Sections 26 and 27 of the Mental Health Act empower the Court to make orders necessary for the management and administration of the estate of a person with mental illness and to appoint a suitable representative as manager for the purpose of safeguarding the person’s property. A manager is required to act responsibly and in the best interests of the Subject and may not dispose of, charge or otherwise deal with immovable property without the Court’s approval.
24.In the circumstances, I am satisfied that the application has merit and that the appointment of the Applicant is necessary for the protection, dignity, welfare and best interests of the Subject.
Disposition
25.Consequently, the Notice of Motion dated 11th June 2026 is allowed in the following terms:
a. Salome Mwamu Nyamanga, the Subject herein, is hereby found to be suffering from senile dementia and mental infirmity to such an extent that she is incapable of adequately protecting and managing her personal, legal and financial affairs.
b. Lynette Kerubo Nyamanga, the Applicant herein and her brother Isack Mogaka Nyamanga are hereby appointed the legal guardian of the Subject and manager of her estate.
c. In their capacity as guardian and manager, the Applicant is authorised to:
i. Operate and manage the Subject’s bank account at ABSA Bank, AC NO. 00774023924 Kericho Branch, and any other account held in the Subject’s name;
ii. Manage, preserve and maintain the properties known as L.R. No. 631/236, Title No. I.R. 29782, and L.R. Plot No. 66 SSS III B;
iii. Attend to the concerns of tenants, collect rent and other income accruing from the said properties and apply the income exclusively towards the Subject’s maintenance, medical care, treatment, caregiving and general welfare;
iv. Pay the Subject’s medical bills, household expenses and other necessary expenditure incurred for her benefit;
v. Make and facilitate arrangements relating to the Subject’s medical care and treatment;
vi. Institute, prosecute or defend legal proceedings on behalf of the Subject where such proceedings are necessary for the protection of the Subject or her estate;
vii. Execute documents necessary for the preservation, protection and proper management of the Subject’s estate; and
viii. Undertake all other lawful acts reasonably necessary for the welfare, maintenance and protection of the Subject and her estate.
d. The powers conferred upon the Applicant shall be exercised solely for the benefit of the Subject.
e. The guardians ad litem shall not, without the prior approval of this Court, sell, transfer, gift, surrender, exchange, mortgage, charge or otherwise dispose of any immovable property belonging to the Subject.
f. The Applicant shall, within six months of her appointment, file in Court and deliver to the Public Trustee a complete inventory of the Subject’s movable and immovable property, liabilities and sources of income.
g. The Applicant shall keep proper records of all income received and expenditure incurred on behalf of the Subject and shall render accounts to the Court annually or whenever directed by the Court.
h. The Applicant shall, within thirty days, cause notice of her appointment as manager of the Subject’s estate to be published in the Kenya Gazette. Similar protective orders concerning gazettement, inventories and restrictions on disposal have been issued in recent guardianship and estate-management proceedings.
i. The costs of the application shall be borne by the Subject’s estate.
J. Mention 25.1.27.
It is so ordered.
T. A. ODERA
JUDGE
27.7.26
1. The Applicant filed the Notice of Motion dated 11th June 2026, brought under Order 32 Rule 15 and Order 51 Rule 1 of the Civil Procedure Rules, sections 1A, 1B and 3A of the Civil Procedure Act and all other enabling provisions of the law.
2. The Applicant seeks orders that:
a. Salome Mwamu Nyamanga, hereinafter referred to as “the Subject”, be subjected to an inquiry to determine whether, by reason of senile dementia, she is incapable of adequately protecting and managing her personal, legal and financial affairs;
b. Upon such inquiry, the Subject be declared mentally infirm and incapable of managing her affairs; and
c. The Applicant be appointed the legal guardian of the Subject, with authority to operate and manage her bank account, manage her immovable properties, collect rent, pay medical and household expenses, make arrangements concerning her medical care, institute or defend legal proceedings and execute documents on her behalf.
3. The application is supported by the Applicant’s affidavit sworn on 11th June 2026. The Applicant states that the Subject is her biological mother and is approximately 81 years old.
4. It is deponed that the Subject has progressively developed memory loss, confusion and cognitive decline associated with advanced age. The Applicant states that the Subject was examined at Kericho County Referral Hospital and diagnosed with senile dementia.
5. The Applicant further states that the Subject operates an account at ABSA Bank, Kericho Branch, and owns properties described as L.R. No. 631/236, Title No. I.R. 29782, and L.R. Plot No. 66 SSS III B, from which rental income is derived.
6. According to the Applicant, she has been responsible for the Subject’s care, welfare and maintenance and has assisted her in attending to her daily and medical needs. She contends that the appointment sought is necessary to safeguard the Subject’s welfare and estate.
7. The medical report annexed to the supporting affidavit was prepared at Kericho County Referral Hospital. It records impairment in the Subject’s memory, judgment, reasoning and insight and concludes that she suffers from senile dementia and is not fit to make sound judgments and decisions.
Issues for determination
8. The issues arising for determination are:
a. Whether the material presently before the Court is sufficient for the Court to make a finding regarding the Subject’s mental capacity; and
b. Whether the Applicant may, at this stage, be appointed guardian ad litem and manager of the Subject’s estate.
Applicable law
9. Order 32 Rule 15 of the Civil Procedure Rules extends the provisions relating to minors to persons adjudged to be of unsound mind and to persons who, although not formally adjudged to be of unsound mind, are found by the Court upon inquiry to be incapable of protecting their interests when suing or being sued.
10.A guardian ad litem is ordinarily appointed to protect the interests of a person in specific legal proceedings. The powers sought in the present application extend beyond representation in litigation and include the general administration and management of the Subject’s property and financial affairs.
11.The appropriate statutory framework for the management and administration of the estate of an adult with mental illness is therefore Part XII of the Mental Health Act.
12.Section 26 of the Mental Health Act provides that an application for the management and administration of the estate of a person with mental illness may be made, in order of priority, by a supporter appointed by the person or, where no supporter has been appointed, by the person’s representative. An adult child is included within the statutory definition of a representative.
13.The affidavit supporting such an application must disclose the grounds upon which the application is made, full particulars of the property and relatives of the Subject, and the relevant admission or treatment particulars. Notice of the application must be served upon the Subject unless the Court, for sufficient reason, waives service.
14.Under sections 27 and 28 of the Act, the Court may appoint a manager to safeguard the Subject’s estate and define the manager’s powers. A manager may not sell, charge, gift, exchange or otherwise transfer immovable property, grant a lease exceeding five years or make restricted investments without prior approval of the Court. Section 29 requires the manager to deliver an inventory of the estate to the Court and the Public Trustee within six months of appointment.
15.The Mental Health Act also emphasises preservation of the freedom, dignity, legal capacity and rights of persons with mental illness. Any intervention must consequently be necessary, proportionate and founded on sufficient objective evidence.
16.The fact that the application does not expressly cite sections 26 to 29 of the Mental Health Act would not, by itself, defeat it. Order 51 Rule 10(2) of the Civil Procedure Rules provides that an application shall not be defeated on a technicality or want of form that does not affect its substance.
Analysis and determination
17.I have considered the application, the supporting affidavit, the medical report and the material placed before the Court. The medical report from Kericho County Referral Hospital indicates that the Subject suffers from senile dementia and has impaired memory, judgment, reasoning and insight. The Applicant also states that the Subject experiences progressive memory loss, confusion and cognitive decline and is no longer capable of independently managing her personal, legal and financial affairs.
18.During the proceedings, I had an informal interaction with the Subject. In the course of that interaction, I observed that she was notably forgetful and experienced difficulty recalling matters relating to herself and her affairs.
19.The Court’s observations during that interaction are not, by themselves, a substitute for a professional medical assessment. They nevertheless afforded the Court a direct opportunity to assess the Subject’s ability to understand, recall and deal with matters affecting her welfare and estate.
20.My observations were consistent with, and corroborated, the findings contained in the medical report. I am therefore satisfied that the inquiry contemplated under Order 32 Rule 15 of the Civil Procedure Rules has been sufficiently undertaken and that, by reason of mental infirmity, the Subject is incapable of adequately protecting her interests and managing her personal, legal and financial affairs. Order 32 Rule 15 permits the Court, upon inquiry, to extend protective arrangements to a person who, by reason of mental infirmity, is incapable of protecting their interests. (
21.I have also considered the suitability of the Applicant. She is the Subject’s daughter and has deponed that she has been responsible for the Subject’s care, welfare, maintenance and medical needs. There is no material before the Court suggesting that she is unsuitable to undertake that responsibility or that her interests are adverse to those of the Subject. However it is my considered view that the estate of the subject and her interest will be well taken care of if two guardians are appointed
22.The Subject owns assets which require protection and proper management. These include a bank account at ABSA Bank and the properties described as L.R. No. 631/236, Title No. I.R. 29782, and L.R. Plot No. 66 SSS III B, from which she derives rental income. The Applicant seeks authority to manage those assets and apply the income generated from them towards the Subject’s medical care, maintenance and general welfare.
23.Sections 26 and 27 of the Mental Health Act empower the Court to make orders necessary for the management and administration of the estate of a person with mental illness and to appoint a suitable representative as manager for the purpose of safeguarding the person’s property. A manager is required to act responsibly and in the best interests of the Subject and may not dispose of, charge or otherwise deal with immovable property without the Court’s approval.
24.In the circumstances, I am satisfied that the application has merit and that the appointment of the Applicant is necessary for the protection, dignity, welfare and best interests of the Subject.
Disposition
25.Consequently, the Notice of Motion dated 11th June 2026 is allowed in the following terms:
a. Salome Mwamu Nyamanga, the Subject herein, is hereby found to be suffering from senile dementia and mental infirmity to such an extent that she is incapable of adequately protecting and managing her personal, legal and financial affairs.
b. Lynette Kerubo Nyamanga, the Applicant herein and her brother Isack Mogaka Nyamanga are hereby appointed the legal guardian of the Subject and manager of her estate.
c. In their capacity as guardian and manager, the Applicant is authorised to:
i. Operate and manage the Subject’s bank account at ABSA Bank, AC NO. 00774023924 Kericho Branch, and any other account held in the Subject’s name;
ii. Manage, preserve and maintain the properties known as L.R. No. 631/236, Title No. I.R. 29782, and L.R. Plot No. 66 SSS III B;
iii. Attend to the concerns of tenants, collect rent and other income accruing from the said properties and apply the income exclusively towards the Subject’s maintenance, medical care, treatment, caregiving and general welfare;
iv. Pay the Subject’s medical bills, household expenses and other necessary expenditure incurred for her benefit;
v. Make and facilitate arrangements relating to the Subject’s medical care and treatment;
vi. Institute, prosecute or defend legal proceedings on behalf of the Subject where such proceedings are necessary for the protection of the Subject or her estate;
vii. Execute documents necessary for the preservation, protection and proper management of the Subject’s estate; and
viii. Undertake all other lawful acts reasonably necessary for the welfare, maintenance and protection of the Subject and her estate.
d. The powers conferred upon the Applicant shall be exercised solely for the benefit of the Subject.
e. The guardians ad litem shall not, without the prior approval of this Court, sell, transfer, gift, surrender, exchange, mortgage, charge or otherwise dispose of any immovable property belonging to the Subject.
f. The Applicant shall, within six months of her appointment, file in Court and deliver to the Public Trustee a complete inventory of the Subject’s movable and immovable property, liabilities and sources of income.
g. The Applicant shall keep proper records of all income received and expenditure incurred on behalf of the Subject and shall render accounts to the Court annually or whenever directed by the Court.
h. The Applicant shall, within thirty days, cause notice of her appointment as manager of the Subject’s estate to be published in the Kenya Gazette. Similar protective orders concerning gazettement, inventories and restrictions on disposal have been issued in recent guardianship and estate-management proceedings.
i. The costs of the application shall be borne by the Subject’s estate.
J. Mention 25.1.27.
It is so ordered.
T. A. ODERA
JUDGE
27.7.26